Kitchener and Jessup

Case

[2008] FamCA 1124

11 December 2008


Details
AGLC Case Decision Date
Kitchener and Jessup [2008] FamCA 1124 [2008] FamCA 1124 11 December 2008

CaseChat Overview and Summary

The case of *Kitchener and Jessup* concerned parenting orders for a child, W, born in January 2002. The dispute involved the father seeking sole parental responsibility and specific living arrangements for the child, as well as orders regarding contact with the mother and the child's surname. The decision was made by Jordan J.

The court was required to determine several key issues, including where the child should live, who should have parental responsibility, and the terms of contact between the child and the mother. Additionally, the court considered the child's surname and the need for supervised or facilitated contact, as well as the parents' conduct towards each other and the child. The court also addressed the role of a Family Consultant and an Independent Children's Lawyer, and the disclosure of medical information.

Jordan J made orders for the child to live with the father and for the father to have sole parental responsibility. The child was to be known by the surname Kitchener. Contact between the child and the mother was to be facilitated and supervised by a Family Consultant, with specific reporting requirements. The child was to telephone the mother, with the father having the ability to terminate the call if inappropriate comments were made. The Independent Children's Lawyer was granted liberty to relist the matter regarding the child's time with the mother. The mother was ordered to authorise the release of information regarding her treatment to the Independent Children's Lawyer. Both parents were prohibited from denigrating each other or discussing court proceedings in the presence of the child. The mother was granted access to the child's health and educational information, and the father was to inform her of these details. The matter was listed for further hearing, with directions for the filing of updated material by the parties. Both parents were also ordered to attend upon a psychiatrist nominated by the Independent Children's Lawyer, and the latter was granted leave to issue subpoenas for the mother's medical records. The orders also included a Fact Sheet detailing obligations and consequences of contravention.
Details

Areas of Law

  • Family Law

  • Evidence

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Costs

  • Discovery

  • Standing

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